Terms of Use

ServusConnect, Inc. (formerly AGM and Associates, LLC) (“Company”) is the owner and operator of the ServusConnect (formerly Servus) application (the “App”). The App is to be used by users to manage and facilitate service relationships between property or facility managers and service providers (the “Purpose”). The user (“You” or “you” or “your”) is able to use the App to manage service-requests and recommendations, communicate or collaborate with other users, and review the performance of other users or third parties. Any information You provide to the App may be shared with the Company, other users, their members or affiliates thereof. Prior to using the App or any accompanying services, You must acknowledge receipt of and agree to the following terms and conditions (“Terms of Use” or “Terms”).

Acceptance of the Terms. By choosing to accept these Terms of Use, You are entering an agreement between the Company and You. You are agreeing that You have read, understood, and agree to be bound by and comply with the Terms of Use, either as a registered user or otherwise.

Additional Policies. By using the App and/or registering with the Company, You signify that You agree to the Terms of Use, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference.

Privacy Policy. Your privacy is important to the Company. The App’s Privacy Policy, which describes how we collect, use, and disclose information from You. The current Privacy Policy is included below and on the settings page of the App itself, as such may be updated from time to time by Company. You agree to be bound by the most recent version of the App’s Privacy Policy.

Accessing and Using the App.

Eligibility. By using the App, You represent that You are at least 18 years old and that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that You are accepting the benefit of the App’s services or You represent that You have obtained consent to use the App from your parent or guardian.

Access. Company grants You permission to access and use the App as set forth in these Terms and consistent with the intended features of the App, provided that: (i) You use the App solely for the Purpose; (ii) You do not reproduce, modify, publicly display, publicly perform, or distribute any part of the App, including any materials obtained from or included within the App; and (iii) You do not engage in any of the prohibited uses described in these Terms.

Use of the App. You agree to use the App only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use or enjoyment of the App.

Prohibited Uses. You agree not to take the following actions:

Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the App, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the App other than as intended;

Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the App, use of the App, access to the App, or content obtained through the App, for any purpose other than the Purpose, except and solely to the extent permitted by these Terms;

Collect or store personal data of other users;

Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, features that prevent or restrict the use or copying of any part of the App, or features that enforce limitations on the use of the App or any content therein;

Use any robot, spider, scraper, or other automated means of any kind to access the App, except and solely to the extent permitted by these Terms and the features of the App, deep-link to any feature or content on the App, frame or otherwise enclose any Company or App trademark or any portion of the App for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the App;

Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the App;

Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;

Interfere with or disrupt the App, networks or servers connected to the App, or violate the regulations, policies or procedures of such networks or servers;

Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your user communication;

Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or

Use the App in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

No Warranties or Authenticity. Company expressly disclaims warranties of any kind, whether express or implied. Company makes no representations or warranties with respect to the existence or authenticity of other users with whom You communicate or collaborate by way of the App. You understand and agree there is no special or fiduciary relationship between You and the Company. You acknowledge that the App, and any information provided by the App are provided as-is. The Company takes no responsibility and assumes no liability for any content or information provided by or to You. Company does not guarantee that You will be able to access or use the App at the times and locations of your choosing.

Ownership and Proprietary Rights Notice.

You acknowledge and admit the validity, and Company’s ownership of, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary and intellectual property rights in or related to the App. The App is protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, print, publish, collect sell, license, or edit any such content, information or software. All rights in any copy or Derivative Work of the App, whether made by Company, You or a third party, shall be owned by Company. “Derivative Work” means any derivative work of, translation, modification, adaption, enhancement, upgrade, addition, development or improvement to an underlying intellectual property asset.

You own the content and information that you submit to the App and You are only granting the Company a worldwide, non-exclusive, transferable and sublicensable right to use, copy, modify, distribute, publish and process information and content that You submit to the App without any further consent, notice and/or compensation to You or others. You can end this license for specific content by deleting such content from the App or terminating Your account except to the extent You shared it with others as part of Your use of the App and they have copied or stored it.

Account Information & Responsibilities of Registered Users. In order to use the features of the App, You will have to create an account. You hereby represent and warrant that the information You provide to Company upon registration (including information provided through outside profiles, as applicable), and at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that You will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that Company may access, preserve and disclose your account information and any user communication if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any user data violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, business interests, property or personal safety of Company, its users and the public. “User Data” means any and all information provided, inputted, or uploaded to or through the App or websites related to the App by You. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.

User Data. You are solely responsible for the User Data You provide, input or upload and the consequences of providing it. Company does not control the User Data You provide and does not have any obligation to monitor such information for any purpose.

User Activity. Your account is personal to You, and You may not allow any other user or third party to access your account. As You will be responsible for all activity that occurs under your account, You should preserve the confidentiality of your username and password, and any device that You use to access the App. If You have any reason to believe that your account has been compromised or accessed by a third party, You agree to immediately notify Company by visiting ServusConnect Support. You are solely responsible for losses incurred by Company and others (including other users) due to any unauthorized use of your account that occur prior to notifying Company that your account was compromised.

Modification of the Terms. Company reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted on the Company website. These Terms will identify the date of last update. Your use of the App following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to the terms, Company will make reasonable efforts to notify You of the change, such as through sending an email to any address You may have used to register for an account, through a pop-up window, a message through the App, or other similar means. Material changes to these terms will be effective upon the earlier of (i) your first use of the App with actual knowledge of such change, or (ii) 30 days from providing You notice of such change. We encourage You to review these Terms frequently, to stay informed of the latest modifications.

Indemnification. You agree to indemnify and hold harmless Company and its affiliates, licensors, successors, assigns, directors, officers, managers, agents, and employees against all actions, lawsuits, claims, proceedings, losses, damages, charges, expenses, and costs (including, without limitation, reasonable attorney’s fees and expenses) in any way arising out of, or related to, this Agreement, your acts, omissions, errors, or negligence, your use of the App. You may not settle any matter for which You are required to indemnify Company without the prior written consent from Company.

User Disagreements. Your use of the App may bring You into contact with other users. You are solely responsible for your involvement with other users. If You have a dispute with one or more users, You release Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Payment and Refunds.

The App is made available on both a free and a pay-as-You-go basis. The Property Manager plan comes free of charge. The Company charges for Service Professional Plans based on Your plan selection on a monthly basis. If You have elected to upgrade Your Service Professional Plan during your monthly service term, the new plan will go into effect on the first day of the next month’s term. You can cancel a Paid Plan at any time and You will not be billed again but will be responsible for overages accrued during your last month’s service. Downgrading Your account may cause the loss of features, or capacity of Your account. The Company does not accept any liability for such loss. Prices of the Service, including but not limited to monthly fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time. In addition, special pricing may apply for customers with an exceptionally high number of properties or service requests or an unusually high monthly usage of the Service. The Company does not provide refunds or credits.

The Company provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application. The Company uses a third-party intermediary to manage credit card processing (Stripe) and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Your use of the App.

Termination.

By Company. Company, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) You may have on the App, disable your access to the App (or any part thereof), discontinue the App and any related services including support (or any part thereof), or terminate any license or permission granted to You hereunder, at any time, with or without notice. You agree that Company shall not be liable to You or any third party for any such termination. Company does not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the App, and reserves the right to terminate access to the App, or halt, suspend, or terminate prizes (whether proposed, pending or past) in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Company will not have any responsibility to deliver or allow You access to any of your user communications or other information You may have stored with Company in connection with Your use of the App. These remedies are in addition to any other remedies Company may have at law or in equity.

By You. If You are dissatisfied with the App, then please let us know by notifying us at ServusConnect Support. Your only remedy with respect to any dissatisfaction with (i) the App, (ii) any of these Terms, (iii) any policy or practice of Company in operating the App, or (iv) any content or information transmitted or made available through the App, is to terminate your use of the App. You may terminate your use by closing your account, discontinuing your use of any and all parts of the App, or providing Company with notice of termination at ServusConnect Support.

Limitation of Liability. You understand and agree that your sole and exclusive remedy for any dispute with the Company is cancelation of your registration. You expressly understand and agree that as a condition of using the App, you agree that the Company and its affiliates and agents shall not be liable to you for any damages, whether direct, indirect, incidental, special, consequential, exemplary or otherwise. Without limiting the foregoing, you further expressly acknowledge and agree that the Company shall not be liable for any damages you may incur as a result of the following: (i) your use or inability to use the App; (ii) your cost of procurement of substitute goods or services to replace the services you received from the App or otherwise from the Company; (iii) your failure to protect passwords or otherwise limit access to the App to prevent unauthorized use; or (iv) any other matter relating to your use of the App or other products or services provided by the Company.

Choice of Law. These Terms of Use shall be construed and enforced in accordance with the laws of the State of North Carolina, and any legal action under the Terms shall only be commenced in Wake County, North Carolina or the United States District Court for the Eastern District of North Carolina.

Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior Terms of Use are hereby terminated and canceled in their entirety and are of no further force and effect.

Authority to Accept Terms of Use. You agree and represent that if You are registering for an account or using the App on behalf of an individual or entity other than yourself, You are authorized by said individual or entity to accept these Terms of Use on that individual’s or entity’s behalf.

Unenforceability of Provisions. If any provision of the Terms of Use, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Terms of Use shall nevertheless remain in full force and effect.

Notice. Company may provide You with notices by electronic mail, regular mail or postings on the Service. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Company is notified that the electronic mail address is invalid. If notice is provided by posting through the App, then notice will be deemed given upon such posting. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the App. In such case, notice will be deemed given three days after the date of mailing.